Shoppers Sacco Society Limited v Likhanga & another (Civil Case 616/E331 of 2021) [2023] KECPT 402 (KLR) (27 April 2023) (Ruling)
- Court
- Co-operative Tribunal
- Case number
- 402
- Citation
- [2023] KECPT 402 (KLR)
- Decided
- 27 April 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureClaimant seeks an interlocutory injunctionCoramBM KIMEMIA, CHAIR, MWATSAMA, SAWE, LOTUIYA, GICHUKI, AOL
Holding
The application has merit and a temporary injunction is issued.
Facts
Shoppers Sacco Society Limited v Likhanga & another. The 1st Respondent took a loan from the Claimant, which he has defaulted to pay. The 2nd Respondent submitted the title of the land LR No Kajiado/Kisaju/3422 registered in his name to the Claimant as security for the loan.
Issues
- Whether the Claimant has established a prima facie case with a probability of success.
- Whether the Claimant has suffered irreparable loss that cannot be adequately compensated through damages.
- Whether the balance of convenience tilts in favour of the Claimant.
Reasoning
The Claimant has established a prima facie case with a probability of success. The Respondent has defaulted on the loan, and the Claimant has the right to exercise its power of sale over the property. The balance of convenience tilts in favour of the Claimant.
Outcome
The application is allowed.
Orders
- A temporary injunction is issued restraining the Respondents from dealing with the property LR No Kajiado/Kisaju/3422.
Remedies
- Temporary injunction
Authorities cited
Cases cited (1)
- 2014 eKLR Nguruman Limited v Jan Bonde Nielsen & 2 Others
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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